Mr. McCrery (for
himself, Mr. Allen,
Mr. Murphy,
Mr. Porter, and
Mr. Boozman) introduced the following
bill; which was referred to the Committee
on Energy and Commerce

A BILL

To amend title XIX of the Social Security Act to permit
States to obtain reimbursement under the Medicaid Program for care or services
required under the Emergency Medical Treatment and Active Labor Act that are
provided in a nonpublicly owned or operated institution for mental
diseases.

1.

Short title

This Act may be cited as the Medicaid
Emergency Psychiatric Care Act of 2006.

2.

Medicaid
reimbursement for care or services required under EMTALA that are provided in a
nonpublicly owned or operated institution for mental diseases

(a)

In
general

Section 1905 of the Social Security Act (42 U.S.C. 1396d)
is amended—

(1)

in subsection (a),
in the subdivision (B) following paragraph (28), by inserting subject to
subsection (y), after (B); and

(2)

by adding at the
end the following:

(y)(1)

In the case of an
institution for mental diseases that is not publicly owned or operated and that
is subject to the requirements of section 1867, the limitation of subdivision
(B) following paragraph (28) in subsection (a) (relating to limitations on
payments for care or services for individuals under 65 years of age who are
patients in an institution for mental diseases) shall not apply to the
provision of care or services required to stabilize an emergency medical
condition, the treatment for which is within the range of services that such
institution typically provides, of an individual who has attained age 21 but
who has not attained age 65 and who came or was transferred to the institution,
if—

(A)

the institution determines that the
individual has such an emergency medical condition; and

(B)

the institution provides such care or
services.

(2)

In this subsection—

(A)

the term stabilize has
the meaning given that term in section 1867(e)(3)(A); and

(B)

the term emergency medical
condition has the meaning given that term in section
1867(e)(1).

.

(b)

Effective
date

The amendments made by subsection (a) apply to care and
services furnished on or after the date of the enactment of this Act.